can i also add that the O2 debt was not settled, in that they did not make a claim against this and as such no monies were paid out to them.

I was lead to believe though that in this situation the debt should still be shown as satisfied as it is up to them to make a claim.

Thanks

You shouldnt be defaulted after the date your trust deed became protected and defaults fall off your file after 6 years,as will the trust deed entry.

Whether 02 claimed on not if they were included in the trust deed they are bound by its terms.

While the trust deed still remains on file everything else is insignificant.

Who have you spoken to at 02?

Paul

Hello Johnno2510

I recently wrote an article on Default notices and trust deeds - you can find it under Trust deed news (on the left hand column).

Please see an extract below:-

If a lender or other agency fails or refuses to make the requested amendment to your credit file, you can write to the Information Commissioners Office and ask them to look at whether the entry is correct and has been made lawfully. We advise that this is done only after using the complaints process of the company issuing the Default Notices first. We advise sending a letter explaining the circumstances surrounding the entry along with evidence of correspondence with the lender and a copy of your trust deed ÔÇ£statement of affairsÔÇØ to prove the debt as being included in your trust deed.

I hope this helps?

mmmm wrote a response but for some reason it is not showing.

Anyway, I checked the schedule of creditor claims and O2 were not on that for some reason, does that affect me trying to get them to remove the default status?

I have been in touch with the O2 credit referrals team.

Trust Deed Assistant - I read your article which was interesting but seemed to be based on debts that were part of the Trust Deed, this is different from this situation so any help would be appreciated.

I want to understand my rights before I complain to either O2 or the Information Commission.

Given that all unsecured debts should be included in the PTD then maybe o2 arent on there as they didnt claim,but they would be bound by the deed.

Make sure before you go to the ICO you exhaust all options with o2 as thats the 1st thing you will be asked to do.

Paul

Hi Johnno2510

Are you saying that O2 wasn't included as a creditor in the trust deed or that they just did not make claim?

I think i'm getting confused, it must be the weather 🙂

I checked with my TD provider, for some reason O2 were not on the original list of creditors that I submitted to them. This debt from O2 defaulted in October 2005 and I entered into my TD in Jan 2008, why this was overlooked I do not know.

The TD provider said that O2 had the opportunity to check the Edinburgh Gazette over the space of the 3 year period of the TD and the fact that they have not did this is their issue. Is this the case?

They advised me to work directly with the credit agencies Equifax & Experian to get them to show this default as satisfied....would you say this would be the best course of action?

That's right Johnno2510

O2 will be included in your trust deed. This is the reason why TD's are advertised in the Edinburgh Gazette - to give creditors the chance to check and lodge their claim.

Send a letter to O2 stating you have completed your trust deed, send them evidence of this and ask them to ammend your credit file accordingly. If they do not you can then go to the information commissioner.

You may also want to consider adding a note on your credit file to explain that you have completed your trust deed.